40Protection of Environment272012-07-012012-07-01falseCriteria for identifying the characteristics of hazardous waste.261.10Section 261.10Protection of EnvironmentENVIRONMENTAL PROTECTION AGENCY (CONTINUED)SOLID WASTES (CONTINUED)IDENTIFICATION AND LISTING OF HAZARDOUS WASTECriteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste§ 261.10Criteria for identifying the characteristics of hazardous waste.

(a) The Administrator shall identify and define a characteristic of hazardous waste in subpart C only upon determining that:

(1) A solid waste that exhibits the characteristic may:

(i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

(ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and

(2) The characteristic can be:

(i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or

(ii) Reasonably detected by generators of solid waste through their knowledge of their waste.